Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2011 Sector Operations Plans and Contracts, and Allocation of Northeast Multispecies Annual Catch Entitlements, 10852-10873 [2011-4401]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Proposed Rules]
[Pages 10852-10873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4401]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 110201085-1087-01]
RIN 0648-XY55


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Multispecies Fishery; 2011 Sector Operations 
Plans and Contracts, and Allocation of Northeast Multispecies Annual 
Catch Entitlements

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: As part of the process for the NMFS Northeast Regional 
Administrator approval of proposed sector operations established under 
Amendment 16 to the Northeast (NE) Multispecies Fishery Management Plan 
(FMP), sectors are required to submit operations plans and sector 
contracts, and request an allocation of stocks regulated under the FMP 
for each fishing year (FY). This action is to provide interested 
parties an opportunity to comment on 19 FY 2011 proposed sector 
operations plans and contracts. Although NMFS received 22 proposed 
sector operations plans and contracts for approval, only 19 of the 22 
sector operations plans and contracts are being considered for approval 
because 3 sectors, the Massachusetts Permit Bank Sector, the New 
Hampshire Permit Bank Sector, and the Rhode Island Permit Bank Sector, 
were unable to fulfill the roster requirements, and, therefore, were 
excluded from consideration.

DATES: Written comments must be received on or before March 15, 2011.

ADDRESSES: You may submit comments, identified by 0648-XY55, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: https://www.regulations.gov.
     Fax: (978) 281-9135, Attn: Allison Murphy.
     Mail: Paper, disk, or CD-ROM comments should be sent to 
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries 
Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the 
outside of the envelope: ``Comments on 2011 Sector Operations Plans and 
Contracts.''
    Instructions: All comments received are part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter N/A in the required fields, if you wish to 
remain anonymous). You may submit attachments to electronic comments in 
Microsoft Word, Microsoft Excel, WordPerfect, or Adobe PDF file formats 
only.
    Copies of the sector operations plans and contracts and the 
environmental assessment (EA) are available at https://www.regulations.gov and from the NMFS NE Regional Office at the mailing 
address specified above. An Initial Regulatory Flexibility Analysis 
(IRFA) was prepared for this proposed rule and is comprised of the EA, 
and the preamble and the Classification sections of this proposed rule.

FOR FURTHER INFORMATION CONTACT: Allison Murphy, Sector Policy Analyst, 
phone (978) 281-9122, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: NMFS announces that the Administrator, NE 
Region, NMFS (Regional Administrator), has made a preliminary 
determination that 19 sector operations plans and contracts, which were 
initially submitted to NMFS on or before September 1, 2010, and sector 
rosters, submitted on or before September 10, 2010, are: (1) Consistent 
with the goals of the FMP, as described in Amendment 16 Final 
Environmental Impact Statement (FEIS) and other applicable laws, (2) in 
compliance with the measures that govern the development and operation 
of a sector as specified in Section 4.2.3 of the Amendment 16 FEIS, and 
(3) have met administrative deadlines, including roster deadlines, for 
being proposed as a sector operations plan for FY 2011. This proposed 
rule summarizes many of the sector requirements as implemented by 
Amendment 16 and the requirements proposed for modification in 
Framework Adjustment 45 (FW 45), and solicits comments on the 
regulatory exemptions requested by sectors as well as the applicable 
environmental analyses.
    As stated in Amendment 16, the deadline to submit operations plans 
and signed contracts was September 1, 2010. However, because NE 
multispecies permit holders were notified of their preliminary FY 2011 
Potential Sector Contribution (PSC) in mid-August, 2010, NMFS extended 
the deadline to submit signed contracts from September 1, 2010, to 
September 10, 2010, to allow vessel owners adequate time to make a 
decision to join a sector for FY 2011 or to fish in the common pool. 
Based upon industry request, this deadline was further extended to 
December 1, 2010, to provide additional flexibility.

Background

    The final rule implementing Amendment 13 to the NE Multispecies FMP 
(69 FR 22906; April 27, 2004) specified a process for forming sectors 
within the NE multispecies fishery, implemented restrictions applicable 
to all sectors, and authorized allocation of a total allowable catch 
(TAC) for specific groundfish species to a sector. As approved in 
Amendment 13, sector operations plans and contracts must contain 
certain elements, including a contract signed by all sector 
participants and an operations plan containing rules that sector 
members agree to abide by to avoid exceeding their sector TAC. An EA, 
or other appropriate analysis, must be prepared for the sectors that 
analyzes

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the individual and cumulative impacts of all proposed sector 
operations. Additionally, the public must be provided an opportunity to 
comment on the proposed sector operations plans, sector contracts, and 
EA. The regulations require that, upon completion of the public comment 
period, the Regional Administrator must make a determination regarding 
approval of the sectors operations plans and contracts. Amendment 13 
implemented the GB Cod Hook Sector in FY 2004, and Framework 42 (71 FR 
62156; October 23, 2006) implemented the GB Cod Fixed Gear Sector in FY 
2006.
    Amendment 16 (74 FR 18262; April 9, 2010) expanded the sector 
management measures, revised the 2 existing sectors, and implemented an 
additional 17 new sectors for a total of 19 sectors, including the 
Northeast Fishery Sectors I through XIII, the Sustainable Harvest 
Sector, the Tri-State Sector, the Northeast Coastal Communities Sector, 
and the Port Clyde Community Groundfish Sector. Amendment 16 defined a 
sector as ``[a] group of persons (three or more persons, none of whom 
have an ownership interest in the other two persons in the sector) 
holding limited access vessel permits who have voluntarily entered into 
a contract and agree to certain fishing restrictions for a specified 
period of time, and which has been granted a TAC(s) [sic] in order to 
achieve objectives consistent with applicable FMP goals and 
objectives.'' A sector's TAC is referred to as an annual catch 
entitlement (ACE). Regional Administrator approval is required for a 
sector to be authorized to fish and to be allocated an ACE for stocks 
of regulated NE multispecies during each FY. Each individual sector's 
ACE for a particular stock represents a share of that stock's annual 
catch limit (ACL) available to commercial NE multispecies vessels, 
based upon the PSC of permits participating in that sector. Sectors are 
self-selecting, meaning each sector maintains the ability to choose its 
members. Sectors may pool harvesting resources and consolidate 
operations to fewer vessels, if they desire.
    FW 45, as proposed by the New England Fishery Management Council 
(Council) and available for public review through the Federal Register, 
would revise the rules for the 19 previously approved sectors and 
include 5 new sectors (for a total of 24 sectors), including the Maine 
Permit Bank Sector, the Massachusetts Permit Bank Sector, the New 
Hampshire Permit Bank Sector, the Rhode Island Permit Bank Sector, and 
Sustainable Harvest Sector 3. Approval of the operation of these new 
sectors is conditional on approval of measures proposed in FW 45. 
Similarly, approval of some of the exemptions requested by the sectors 
that submitted operations plans for FY 2011 is also contingent on FW 
45. Therefore, final action regarding the approval of the operation of 
these sectors and the exemptions requested will not be made unless and 
until a final decision on FW 45 has been made. FW 45 is expected to be 
implemented on May 1, 2011. Concurrent with the implementation of FW 
45, NMFS and the States of Maine, Massachusetts, New Hampshire, and 
Rhode Island have entered into separate Memoranda of Agreement (MOA) 
for the administration of State-managed permit banks. Terms and 
conditions for permit banks include: The permit bank may only transfer 
out ACE, it may not transfer in ACE; the permit bank may only transfer 
ACE to sectors for use by vessels that are 45 ft (13.72 m) in length or 
smaller, based out of ports with a population of 30,000 residents or 
less. The States of Massachusetts, New Hampshire, and Rhode Island were 
unable to fulfill roster requirements in time to be considered in this 
rulemaking process for FY 2011. The Maine Permit Bank Sector is 
proposed to consist of two privately held permits, as well as any 
additional permits purchased by the permit bank. The State issued a 
request for proposal, soliciting permit holders who are interested in 
selling permits to the State permit bank, and submitted this 
information to NMFS as additional prospective permits. The Maine Permit 
Bank Sector must finalize the purchase of permits from this list and 
notify NMFS by February 1, 2011.
    Representatives from 22 of the 24 current and proposed sectors 
submitted operations plans and sector contracts, and requested an 
allocation of stocks regulated under the FMP for FY 2011. Neither the 
GB Cod Hook Sector, nor Northeast Fishery Sector I chose to submit an 
operations plan and sector contract for FY 2011. The Massachusetts 
Permit Bank Sector, the New Hampshire Permit Bank Sector, and the Rhode 
Island Permit Bank Sector submitted operations plans for FY 2011, but 
were unable to demonstrate membership requirements, and thus will not 
be considered for approval in this rule, reducing the number of 
potential FY 2011 sectors to 19. Two of the proposed FY 2011 sectors, 
Northeast Fishery Sector IV and Sustainable Harvest Sector 3, would 
operate as private lease-only sectors. The Sustainable Harvest Sector 3 
has not explicitly prohibited fishing activity, and may transfer 
permits onto active vessels.

Sector ACEs

    As of December 1, 2010, 834 of the 1,475 eligible NE multispecies 
permits, which would account for approximately 98.8 percent of the 
historical commercial NE multispecies landings during the qualifying 
period selected by the Council in Amendment 16, have preliminarily 
enrolled in a sector for FY 2011. Table 1 includes a summary of permits 
enrolled in a sector as of December 1, 2010. Permits enrolled in a 
sector, and the vessels associated with those permits, have until April 
30, 2011, to withdraw from a sector and fish in the common pool for FY 
2011. NMFS will publish final sector sub-ACL and common pool sub-ACL 
totals, based upon final rosters as soon as possible after the start of 
FY 2011.
    Table 2 details the cumulative PSC (a percentage) each sector would 
receive based on their rosters as of December 1, 2010. Tables 3a and 3b 
detail the ACEs (in thousands of pounds and metric tons) each sector 
would be allocated based on their December 1, 2010, sector rosters for 
FY 2011. While the common pool does not receive a specific allocation 
of ACE, it has been included in each of these tables for comparison.
    Note that individual sector members are not assigned a PSC for 
Eastern GB cod or Eastern GB haddock; rather each sector is allocated a 
portion of the GB cod and GB haddock ACE to harvest exclusively in the 
Eastern U.S./Canada Area. The amount of cod and haddock that a sector 
may harvest in the Eastern U.S./Canada Area is calculated by 
multiplying the percentage of the GB cod and GB haddock ACLs by the 
overall Eastern U.S./Canada Area GB cod and GB haddock TACs, 
respectively.
    In accordance with Amendment 16, at the start of FY 2011, NMFS will 
withhold 20 percent of a sector's FY 2011 ACE for each stock for a 
period of up to 61 days, to allow time to process any FY 2010 ACE 
transfers submitted by May 14, 2011, and to determine whether the FY 
2011 ACE allocated to any sector needs to be reduced, or any overage 
penalties need to be applied to accommodate an FY 2010 ACE overage by 
that sector. At the request of the Council, NMFS is considering 
relaxing the May 14 requirement to submit ACE transfers. The Council 
and sector managers will be notified of any change in this deadline in 
writing and the decision will be announced on the NERO Web site (https://www.nero.noaa.gov/).
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Sector Operations Plans and Contracts

    All sectors must, on an annual basis, submit an operations plan and 
sector contract to NMFS by a specified deadline to be authorized to 
fish and receive an allocation of groundfish for the following FY. Of 
the 24 current and FW 45 proposed sectors, 19 sectors met the September 
1, 2010, operations plan deadline and the final December 1, 2010, NMFS 
roster deadline for FY 2011, including the Maine Permit Bank Sector. 
Each sector operations plan contains the rules under which each sector 
would fish. The sector contract provides the legal contract that binds 
members to a sector and its operations plan. Most sectors submitted one 
document to NMFS that encompasses both the operations plan and 
contract.
    While each sector conducts fishing activities according to its 
approved operations plan, Section 4.2.3 of the Amendment 16 FEIS 
contains numerous provisions that apply to all sector operations plans 
and sector members. Under this amendment, all permit holders with a 
limited access NE multispecies permit that was valid as of May 1, 2008, 
are eligible to participate in a sector, including holders of permits 
currently held in confirmation of permit history (CPH). While 
membership in each sector is voluntary, each member (and his/her 
permits enrolled in the sector) must remain with the sector for the 
entire FY, and cannot fish in the NE multispecies days-at-sea (DAS) 
program outside of the sector (i.e., in the common pool) during the FY. 
Participating vessels would be required to comply with all pertinent 
Federal fishing regulations, unless specifically exempted by a letter 
of authorization (LOA) issued by the Regional Administrator, as part of 
the approval of a sector's operations plan, as described further below. 
Sector operations plans may be amended in-season if a change is 
necessary and agreed to by NMFS, provided the change is consistent with 
the sector administration provisions. These changes would be included 
in updated LOAs issued to sector members and through amendments to the 
approved operations plan.
    Sectors would be allocated all large-mesh groundfish stocks for 
which members have landings history, with the exception of Atlantic 
halibut, windowpane flounder, Atlantic wolffish, and SNE/MA winter 
flounder. Sector vessels would be required to retain all legal-sized 
allocated groundfish, unless an exemption is granted allowing sector 
vessels to discard legal-sized unmarketable fish at sea. Catch 
(including discards) of all allocated groundfish stocks by a sector's 
vessels would count against the sector's ACE, unless the catch is an 
element of a separate ACL sub-component, such as groundfish caught when 
fishing in an exempted fishery, or yellowtail flounder caught when 
fishing in the Atlantic sea scallop fishery. Sector vessels fishing for 
monkfish, skate, lobster (with non-trap gear), and spiny dogfish when 
on a sector trip (e.g., not fishing under provisions of a NE 
multispecies exempted fishery) would have their groundfish catch 
(including discards) on those trips debited against the sector's ACE. 
Discard ratios applied to sectors would be determined by NMFS based on 
observed trips.
    The final rule issued for Amendment 16 implemented a program 
whereby ACE may be transferred between sectors, although ACE transfers 
to or from common pool vessels is prohibited. Each sector would be 
required to ensure that its ACE is not exceeded during the FY. 
Additionally, Amendment 16 required sectors to develop independent 
third-party dockside monitoring programs (DSM) to verify landings at 
the time they are weighed by the dealer, and to certify that the 
landing weights are accurate as reported by the dealer. During FY 2010, 
50 percent of trips from each sector are required to be randomly 
selected for DSM. Dockside monitoring coverage was specified to be 
reduced to 20 percent in FY 2011; however, FW 45, as proposed, would 
change the required coverage level for DSM to the level NMFS is able to 
fund, up to 100 percent coverage through FY 2012, prioritizing coverage 
for trips that have not received at-sea or electronic monitoring. In 
addition, the Council voted to remove DSM requirements (a reporting 
requirement) from the list of prohibited exemptions for sectors. 
Sectors would be required to monitor their landings and available ACE 
and submit weekly catch reports to NMFS. In addition, the sector 
manager would be required to provide NMFS with aggregate sector reports 
on a daily basis when a threshold (specified in the operations plan) is 
reached. Once a sector's ACE for a particular stock is caught, a sector 
would be required to cease all fishing operations in that stock area 
until it could acquire additional ACE for that stock. Each sector would 
be required to submit an annual report to NMFS and the Council within 
60 days of the end of the FY detailing the sector's catch (landings and 
discards by the sector), enforcement actions, and pertinent information 
necessary to evaluate the biological, economic, and social impacts from 
the sector, as directed by NMFS.
    Each sector contract provides procedures to enforce the sector 
operations plan, explains sector monitoring and reporting requirements, 
presents a schedule of penalties, and provides authority to sector 
managers to issue stop fishing orders to sector members that violate 
provisions of the contract. Sector members could be held jointly and 
severally liable for ACE overages, discarding of legal-sized fish, and/
or misreporting of catch (landings or discards). As required by 
Amendment 16, each sector contract submitted for FY 2011 states that 
the sector will withhold an initial reserve from the sector's sub-
allocation to each individual member to prevent the sector from 
exceeding its ACE. Each sector contract also details the method for 
initial ACE allocation to sector members; for FY 2011, each sector has 
proposed that each sector member could harvest an amount of fish equal 
to the amount each individual member's permit contributed to the 
sector's ACE.
    Amendment 16 contains several ``universal'' exemptions that are 
applicable to all sectors. These universal exemptions include 
exemptions from: Trip limits on allocated stocks; the GB Seasonal 
Closure Area; NE multispecies DAS restrictions; the requirement to use 
a 6.5-inch (16.51-cm) mesh codend when fishing with selective gear on 
GB; and portions of the GOM Rolling Closure Areas. Sectors may request 
additional exemptions from NE multispecies regulations through their 
sector operations plan. Amendment 16 prohibits sectors from requesting 
exemptions from year-round closed areas, permitting restrictions, gear 
restrictions designed to minimize habitat impacts, and reporting 
requirements (not including DAS reporting requirements). FW 45 proposes 
to exclude DSM from the reporting requirements from which sectors may 
not be exempted.

Proposed FY 2011 Exemptions

    A total of 31 exemptions from the NE multispecies regulations have 
been requested by sectors through their FY 2011 operations plans. These 
requests fall into several categories: Exemptions previously approved 
for FY 2010 (numbers 1-7); additional exemptions that were under 
consideration for FY 2010 at the time of the request for FY 2011 
(numbers 8-9); exemptions disapproved in FY 2010 (number 10); novel 
exemptions for FY 2011 (numbers 11-19), dockside monitoring exemptions 
(numbers 20-30) and State permit bank exemptions (number 31). A

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full discussion of the 31 exemptions is below. The requirements that 
were exempted in FY 2010 and have again been requested for FY 2011 are: 
(1) 120-day block out of the fishery required for Day gillnet vessels; 
(2) prohibition on a vessel hauling another vessel's gillnet gear; (3) 
limitation on the number of gillnets that may be hauled on GB when 
fishing under a groundfish/monkfish DAS; (4) limitation on the number 
of gillnets imposed on Day gillnet vessels; (5) 20-day spawning block 
out of the fishery required for all vessels; (6) limits on the number 
of hooks that may be fished; and (7) DAS Leasing Program length and 
horsepower restrictions. Additional regulations that were under 
consideration for exemption for FY 2010 at the time of the request, and 
have again been requested for FY 2011 are: (8) the GOM Sink Gillnet 
Mesh Exemption; and (9) prohibition on the possession or use of squid 
or mackerel in the Closed Area I (CAI) Hook Gear Haddock (HGH) Special 
Access Program (SAP). For FY 2011, sectors requested an exemption from 
the follow regulation that was previously disapproved for FY 2010 is 
again being proposed for FY 2011: (10) access to GOM Rolling Closure 
Areas in May and June. For FY 2011, sectors have proposed novel 
exemptions from the following regulations: (11) prohibition on 
discarding; (12) extension of the GOM Sink Gillnet Mesh Exemption 
through the month of May; (13) daily catch reporting by Sector Managers 
for vessels participating in the CAI HGH SAP; (14) prohibition on pair 
trawling; (15) minimum hook size requirements for demersal longline 
gear; (16) minimum mesh size requirement; (17) Rhule and Haddock 
Separator requirements to utilize the 98.4 in x 15.7 in (250 cm x 40 
cm) Eliminator TrawlTM in areas where these gear types are 
approved; (18) trawl gear restrictions in the U.S./Canada Area; and 
(19) the requirement to power a VMS while at the dock. Due to the 
Council's vote to exclude DSM from the list of prohibited exemptions in 
FW 45, sectors have requested exemptions from DSM requirements ranging 
from a complete exemption to area-, fishery-, and volume-based 
exemptions. Specifically, sectors requested novel exemptions from the 
following DSM requirements for FY 2011: (20) All DSM and roving 
monitoring requirements; (21) DSM requirements for directed monkfish, 
skate, and dogfish trips; (22) DSM requirements for jig vessels; (23) 
DSM requirements for hook vessels when the sector has caught less than 
10,000 lb (4535.9 kg) of groundfish per year; (24) DSM requirements in 
May when fishing in several mid-Atlantic NMFS Statistical Areas; (25) 
DSM requirements for vessels fishing west of 72[deg]30' W. long.; (26) 
DSM, roving monitoring, and hail requirements for hook-only or handgear 
vessels; (27) DSM, roving monitoring, and hail requirements for vessels 
using demersal longline, jig and handgear while targeting spiny dogfish 
in Massachusetts State waters of NMFS Statistical Area 521; (28) DSM 
requirements when at-sea monitoring has previously observed the trip; 
(29) the requirement to delay offloading due to the late arrival of the 
assigned monitor; and (30) the prohibition on offloading of non-
allocated stocks prior to the arrival of the monitor. These exemptions 
were considered too late to be included in the EA for this action; they 
will be fully analyzed and included in the final EA. Finally, the State 
permit bank sector has requested an exemption from: (31) the 
requirement to provide a sector roster to NMFS by the specified 
deadline.
    NMFS is soliciting public comment on the proposed sector operations 
plans and all 31 of the exemptions specified above. NMFS is 
particularly interested in receiving comments on the exemptions from 
the GOM Rolling Closure Areas, prohibition on pair trawling, minimum 
trawl mesh size requirements on targeted redfish trips, and dockside 
monitoring exemptions, because of particular concerns regarding the 
potential impacts of these exemptions.

1. 120-Day Block Out of the Fishery Requirement for Day Gillnet Vessels

    The 120-day block out of the fishery requirement for day gillnet 
vessels was implemented in 1997 under Framework 20 (62 FR 15381; April 
1, 1997) to help ensure that management measures for Day gillnet 
vessels were comparable to effort controls placed on other fishing gear 
types, given that gillnets continue to fish as long as they are in the 
water. Regulations at Sec.  648.82(j)(1)(ii) require that each NE 
multispecies gillnet vessel declared into the Day gillnet category 
declare and take 120 days out of the non-exempt gillnet fishery. Each 
period of time taken must be a minimum of 7 consecutive days, and at 
least 21 of the 120 days must be taken between June 1 and September 30. 
An exemption from this requirement was previously approved for FY 2010 
based upon the rationale that this measure was designed to control 
fishing effort and, therefore, is no longer necessary for sectors 
because sectors are restricted to an ACE for each groundfish stock, 
which limits overall fishing mortality. For additional information 
pertaining to this exemption and other exemptions previously approved 
in FY 2010, please refer to the proposed and final sector rules for FY 
2010 (74 FR 68015, December 22, 2010 and 75 FR 18113, April 9, 2010, 
respectively). This exemption would increase the operational 
flexibility of sector vessels and would be expected to increase profit 
margins of sector fishermen. The exemption from the Day gillnet 120-day 
block requirement is requested by the GB Cod Fixed Gear Sector; the 
Northeast Coastal Communities Sector; Northeast Fishery Sectors III, V-
VIII, and X-XIII; the Port Clyde Community Groundfish Sector; 
Sustainable Harvest Sectors 1 and 3; and the Tri-State Sector.

2. Prohibition on a Vessel Hauling Another Vessel's Gillnet Gear

    Regulations at Sec. Sec.  648.14(k)(6)(ii)(A) and 648.84(a) specify 
the manner in which gillnet gear must be tagged, requiring that 
information pertinent to the vessel owner or vessel be permanently 
affixed to the gear. No provisions exist in the regulations allowing 
for multiple vessels to haul the same gear. An exemption from this 
regulation, which was previously approved in FY 2010 because it was 
determined that the regulations pertaining to hauling and setting 
responsibilities are no longer necessary when sectors are confined to 
an ACE for each stock, would allow a sector to share fixed gear among 
sector vessels, thereby reducing costs. Consistent with the exemption 
as originally approved, the sectors requesting this exemption have 
proposed that all vessels utilizing community fixed gear be jointly 
liable for any violations associated with that gear. Additionally, each 
member intending to haul the same gear will be required to tag the gear 
with the appropriate gillnet tags, consistent with Sec.  648.84(a). The 
exemption from the prohibition on hauling another vessel's gear is 
being requested by the GB Cod Fixed Gear Sector; the Northeast Coastal 
Communities Sector; Northeast Fishery Sectors III, VI-VIII, and X-XII; 
the Port Clyde Community Groundfish Sector; Sustainable Harvest Sectors 
1 and 3; and the Tri-State Sector.

3. Limitation on the Number of Gillnets That May be Hauled on GB When 
Fishing Under a Groundfish/Monkfish DAS

    Regulations at Sec.  648.80(a)(4)(iv) prohibit Day gillnet vessels 
fishing on a groundfish DAS from possessing, deploying, fishing, or 
hauling more than 50 nets on GB were implemented as a groundfish 
mortality control under

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Amendment 13. An exemption from the limit on the number of gillnets 
that may be hauled on GB when fishing under a groundfish/monkfish DAS 
was previously granted in FY 2010 because it would allow nets deployed 
under existing net limits of the Monkfish FMP to be hauled more 
efficiently by vessels dually permitted under both FMPs. The exemption 
from the limitation on the number of gillnets that may be hauled on GB 
when fishing under a groundfish/monkfish DAS is being requested by the 
GB Cod Fixed Gear Sector; Northeast Fishery Sectors III, VI-VIII, and 
X-XIII; Sustainable Harvest Sectors 1 and 3; and the Tri-State Sector.

4. Limitation on the Number of Gillnets for Day Gillnet Vessels

    Current gear restrictions in the groundfish regulated mesh areas 
(RMA) restrict Day gillnet vessels from fishing more than: 100 gillnets 
(of which no more than 50 can be roundfish gillnets) in the GOM RMA 
(Sec.  648.80(a)(3)(iv)); 50 gillnets in the GB RMA (Sec.  
648.80(a)(4)(iv)); and 75 gillnets in the Mid-Atlantic (MA) RMA (Sec.  
648.80(b)(2)(iv)). This exemption was previously requested and approved 
in FY 2010, and would allow sector vessels to fish up to 150 nets (any 
combination of flatfish or roundfish nets) in any RMA, and provides 
greater operational flexibility to sector vessels in deploying gillnet 
gear. This exemption was previously approved for FY 2010 because it is 
designed to control fishing effort and is no longer necessary for 
sector vessels, since each sector is restricted by an ACE for each 
stock, which caps overall fishing mortality. The exemption from the 
limit on the number of gillnets for Day gillnet vessels is being 
requested by the GB Cod Fixed Gear Sector; Northeast Fishery Sectors 
III, V-VIII, and X-XIII; the Port Clyde Community Groundfish Sector; 
Sustainable Harvest Sectors 1 and 3; and the Tri-State Sector.

5. 20-Day Spawning Block

    Regulations at Sec.  648.82(g) require vessels to declare out and 
be out of the NE multispecies DAS program for a 20-day period each 
calendar year between March 1 and May 31, when spawning is most 
prevalent in the GOM. This regulation was developed to reduce fishing 
effort on spawning groundfish stocks and an exemption was approved for 
FY 2010 sectors based upon the rationale that the sector's ACE will 
restrict fishing mortality, making this measure no longer necessary as 
an effort control. An exemption from this requirement would provide 
vessel owners with greater flexibility to plan operations according to 
fishing and market conditions. The exemption from the Day gillnet 20-
day block requirement is being requested by the GB Cod Fixed Gear 
Sector; the Northeast Coastal Communities Sector; Northeast Fishery 
Sectors II-III and V-XIII; the Port Clyde Community Groundfish Sector; 
Sustainable Harvest Sectors 1 and 3; and the Tri-State Sector.

6. Limitation on the Number of Hooks That May be Fished

    Current regulations for the GOM RMA, GB RMA, and SNE and MAA RMAs 
at Sec. Sec.  648.80(a)(3)(iv)(B)(2), 648.80(a)(4)(iv)(B)(2), 
648.80(b)(2)(iv)(B)(1), and 648.80(c)(2)(v)(B)(1), respectively, 
prohibit vessels from fishing or possessing more than 2,000 rigged 
hooks in the GOM RMA, more than 3,600 rigged hooks in the GB RMA, more 
than 2,000 rigged hooks in the SNE RMA, or 4,500 rigged hooks in the MA 
RMA. This measure, which was initially implemented in 2002 through an 
interim action (67 FR 50292; August 1, 2002) and made permanent through 
Amendment 13, was designed to control fishing effort. An exemption from 
the number of hooks that a vessel may fish was approved for FY 2010 
because it would allow sector vessels to more efficiently harvest ACE 
and is no longer a necessary control on effort by sector vessels. This 
exemption was granted to the GB Cod Hook Sector from 2004-2009, and was 
granted to the GB Cod Fixed Gear Sector; the Northeast Coastal 
Communities Sector; Northeast Fishery Sectors III, V-VIII, and X-XII; 
the Sustainable Harvest Sector; and the Tri-State Sector for either all 
or a portion of FY 2010. The exemption from the limitation on the 
number of hooks that may be fished is being requested by the GB Cod 
Fixed Gear Sector; the Northeast Coastal Communities Sector; Northeast 
Fishery Sectors III, VI-VIII, and X-XII; the Port Clyde Community 
Groundfish Sector; Sustainable Harvest Sectors 1 and 3; and the Tri-
State Sector.

7. Length and Horsepower Restrictions on DAS Leasing

    While sector vessels are exempt from the requirement to use NE 
multispecies DAS to harvest groundfish, sector vessels have been 
allocated, and still need to use, NE multispecies DAS for specific 
circumstances. For example, the Monkfish FMP includes a requirement 
that limited access monkfish Category C and D vessels harvesting more 
than the incidental monkfish possession limit must fish under both a 
monkfish and a groundfish DAS. Therefore, sector vessels may still use, 
and lease, NE multispecies DAS.
    An exemption from the DAS Leasing Program length and horsepower 
baseline restrictions on DAS leases between vessels within their 
individual sectors, as well as with vessels in other sectors with this 
exemption was approved in FY 2010. Restricting sectors to their ACEs 
eliminates the need to use vessel characteristics to control groundfish 
fishing effort. Further, exemption from this restriction allows sector 
vessels greater flexibility in the utilization of ACE and DAS. 
Providing greater flexibility in the distribution of DAS could result 
in increased effort on non-allocated target stocks, such as monkfish 
and skates. However, sectors predicted little consolidation and 
redirection of effort in their FY 2010 operations plans. In addition, 
any potential redirection in effort would be restricted by the sector's 
ACE for each stock, as well as by effort controls in other fisheries 
(e.g., monkfish trip limits and DAS). The exemption from the length and 
horsepower restrictions on DAS leasing is being requested by the GB Cod 
Fixed Gear Sector; the Maine Permit Bank Sector; all 12 Northeast 
Fishery Sectors; the Port Clyde Community Groundfish Sector; 
Sustainable Harvest Sectors 1 and 3; and the Tri-State Sector.

8. The GOM Sink Gillnet Mesh Exemption

    The regulations require a minimum mesh size of 6.5-in (16.51-cm) 
for gillnets in the GOM RMA (Sec.  648.80(a)(3)(iv)). Minimum mesh size 
requirements have been used to reduce overall mortality on groundfish 
stocks, as well as to reduce discarding of, and improve survival of, 
sub-legal groundfish. An exemption from this regulation, which would 
allow vessels to potentially catch more haddock seasonally in the GOM, 
was considered in a supplemental proposed and final rule to FY 2010 
sector operations (75 FR 53939; September 2, 2010; and 75 FR 80720; 
December 23, 2010) and is functionally equivalent to a pilot program 
that was proposed by the Council in Amendment 16. This exemption would 
allow sector vessels to use 6-inch (15.24-cm) mesh stand-up gillnets in 
the GOM RMA from January 1, 2012, to April 30, 2012, when fishing for 
haddock. The designation of this season is consistent with the original 
pilot program proposal and is the time period when haddock are most 
available in the GOM. Sector vessels utilizing this exemption would be 
prohibited from using tie-down gillnets during this period. Sector 
vessels may transit the

[[Page 10861]]

GOM RMA with tie-down gillnets, provided they are properly stowed and 
not available for immediate use in accordance with one of the methods 
specified at Sec.  648.23(b).
    The GOM Sink Gillnet Mesh Program, as proposed by the Council, 
stipulated that Day gillnet vessels would not be able to fish with, 
possess, haul, or deploy more than 30 nets per trip. Consistent with 
the original scope of the pilot program, for FY 2010 NMFS proposed in 
supplemental rulemaking that Day gillnet vessels utilizing this 
exemption also be limited to 30 nets per trip during this period, but 
requested public comment on a net limit of between 30 and 150 stand-up 
nets, analyzing up to 150 nets. Because Day gillnet vessels granted the 
sector exemption from Day gillnet net limits, as explained under 
exemption request 4, would not be subject to the general net limit in 
the GOM RMA, and thus able to fish up to 150 nets in the GOM RMA, they 
would be limited to 30 nets when fishing under this exemption program. 
Therefore, NMFS again requests public comment on the feasibility of 
allowing up to 150 nets when fishing under this exemption. The LOA 
issued to sector vessels that qualify for this exemption would specify 
the net restrictions to help ensure the provision is enforceable. There 
would be no limit on the number of nets that participating Trip gillnet 
vessels would be able to fish with, possess, haul, or deploy, during 
this period, because Trip gillnet vessels are required to remove all 
gillnet gear from the water before returning to port at the end of a 
fishing trip.
    Recent selectivity studies have indicated that 6.5-inch (16.51-cm) 
sink gillnets may not be effective at retaining haddock at the current 
legal minimum fish size. An exemption from this requirement would 
provide sector vessels the opportunity to utilize a smaller mesh size 
gillnet to potentially catch more haddock in the GOM, and, thereby, 
increase efficiency and revenue in the fishery. NMFS believes that 
impacts to allocated target stocks resulting from this exemption would 
be negligible, given that fishing mortality by sector vessels is 
restricted by an ACE for allocated stocks, capping overall mortality. 
It is possible that a higher net limit for Day gillnet vessels 
participating in this program could result in an increase in the number 
of gillnets in the water at any one time and, therefore, potentially 
increase interactions with protected species. However, potential 
negative impacts to protected species from this exemption are expected 
to be low because additional nets may result in greater efficiency that 
could decrease the overall number of soak hours throughout the year as 
a sector's ACE is caught faster, thus potentially reducing interactions 
with protected species. In addition, sector vessels utilizing this 
exemption would still be required to comply with all requirements of 
the Harbor Porpoise Take Reduction Plan and Atlantic Large Whale Take 
Reduction Plan. The GOM Sink Gillnet Mesh Exemption is being requested 
by the GB Cod Fixed Gear Sector; Northeast Fishery Sectors III, VI-
VIII, and X-XII; the Port Clyde Community Groundfish Sector; 
Sustainable Harvest Sectors 1 and 3; and the Tri-State Sector.

9. Prohibition on the Possession or Use of Squid or Mackerel in the CAI 
Hook Gear Haddock SAP

    The restriction on the possession or use of squid or mackerel as 
bait in the CAI Hook Gear Haddock SAP was originally approved by the 
Council in Framework 41, and analyzed in the FEIS for Framework 41, but 
inadvertently not included in the regulations implementing Framework 
41. To correct this oversight, this provision was implemented as part 
of the Amendment 16 final rule. This restriction was intended to 
control the catch rates of cod, as squid and mackerel have been 
demonstrated to result in higher catch rates of cod. NMFS received 
comments on Amendment 16 that the bait restrictions should not apply to 
sector vessels. In the final rule implementing Amendment 16, NMFS 
stated that * * * because the Council did not provide for a specific 
exemption from such bait restriction in Amendment 16, NMFS cannot 
provide a sector an exemption from the bait requirements for this SAP 
in the final rule.'' However, because the bait restriction in Framework 
41 was included under Section 4.2.2.2 ``Requirements for Vessels not in 
the Hook Sector,'' NMFS, after further discussion with Council staff, 
understands that Framework 41 intended that this bait restriction apply 
only to vessels fishing outside of a sector (i.e., the common pool). 
Based on this, NMFS intends to revise the current regulations for this 
requirement in an upcoming correction rule and, until the correction is 
effective, exempt any interested sector from this provision for the 
remainder of FY 2010 through an amendment to that sector's approved 
operations plan.
    The GB Cod Fixed Gear Sector requested an exemption from this bait 
restriction, asserting the provision is an input control used to 
control fishing effort within the SAP under the DAS system and is 
unnecessary because catch by the sector will be limited by the ACE for 
each stock that caps overall fishing effort.

10. Access to GOM Rolling Closure Areas in May and June

    The GOM Rolling Closure Areas were initially implemented in 1998 
under Framework 25 to the FMP to reduce fishing effort in ``areas with 
high GOM cod landings.'' However, Framework 26 referred to the rolling 
closure areas as ``inshore `cod spawning' closures.'' The stated 
purpose and need under Framework 26 (Section 3.0) states that the 
Council wanted to ``take additional action to protect cod during the 
1999 spawning season * * * and immediate action is necessary to reduce 
catches and protect the spawning stock.'' As a result, Framework 26 
expanded the time period of these ``cod spawning'' closures, which 
included several 30-minute blocks. The final rule implementing 
Framework 26 (64 FR 2601; January 15, 1999) specified that the Council 
undertook action to expand these closures because of the ``opportunity 
to delay fishing mortality on mature cod during the spring spawning 
period, a time when stocks aggregate and are particularly vulnerable to 
fishing pressure.'' Amendment 16 implemented universal sector 
exemptions from specific portions of the current GOM Rolling Closure 
Areas, and specifically did not exempt these portions of these areas 
due to the understanding that they protect spawning aggregations of 
cod. The Council tasked the Groundfish Plan Development Team (PDT) with 
reviewing and analyzing the existing GOM Rolling Closure Areas to 
determine which areas should remain closed, but stipulated that sectors 
may request specific exemptions from the GOM Rolling Closure Areas in 
their sector operations plans. On November 18, 2009, the Council voted 
to endorse a previous FY 2010 exemption request from block 138 in May.
    Several sectors requested exemptions from GOM Rolling Closure Areas 
for FY 2010; however, these exemptions were ultimately rejected in the 
final rule implementing FY 2010 sector operations plans because the 
requesting sectors failed to consider that, despite ACE limits, direct 
targeting of spawning aggregations can adversely impact the 
reproductive potential of a stock, as opposed to post-spawning 
mortality. Additionally, justification that demonstrates that spawning 
fish could be avoided was not provided by the individual sectors. The 
final rule also cited that the existing GOM Rolling Closure Areas 
provide some protection to harbor porpoise and other marine

[[Page 10862]]

mammals. Six of the Northeast Fishery Sectors and the Sustainable 
Harvest Sector requested additional exemptions from these rolling 
closures in FY 2010.
    The sectors requesting this exemption for FY 2011 assert that the 
GOM Rolling Closure Areas were originally intended as mortality 
closures, and are now unnecessary because fishing mortality for sectors 
is capped by the ACE allocated for each groundfish stock. Sustainable 
Harvest Sectors 1 and 3 are requesting access to 30-minute blocks 138 
and 139 in May, and 30-minute block 139 in June. They argue that they 
should not be subject to additional mortality controls because sector 
vessels are limited to a hard TAC. Additionally, these sectors note 
that Table 177 in the Environmental Impact Statement for Amendment 16 
indicates that May is not a particularly important time for groundfish 
spawning, with the exception of plaice and haddock. The Port Clyde 
Community Groundfish Sector is requesting access to 30-minute blocks 
138 and 139 in May, and 30-minute blocks 139, 145, and 146 in June. The 
Port Clyde Community Groundfish Sector stipulated a strategy to 
minimize the impacts to spawning fish while promoting benefits to 
sector members. Under this strategy, the sector would restrict the 
harvesting of any species in these areas and times by capping the 
percentage of the sector's available ACE that could be harvested from 
these areas, and would institute a closure of these areas if, based on 
NMFS Northeast Fisheries Observer Program (NEFOP) data, a significant 
amount of spawning fish are harvested. Additionally, the sector 
proposes to implement a program to notify the sector manager and other 
vessels if spawning aggregations and/or marine mammals are detected in 
these areas. Finally, the Port Clyde Community Groundfish Sector 
contends that vessels fishing in the requested exemption areas would 
provide additional data, which could serve as a pilot study for future 
use of these areas and times by all sectors.

11. Prohibition on Discarding

    Current regulations prohibit sector vessels from discarding legal-
sized fish of any of the 14 stocks allocated to sectors while at sea 
(Sec.  648.87(b)(1)(v)(A)). Amendment 16 contained this provision to 
ensure that the sector's ACE is accurately monitored. Sectors requested 
a partial exemption from this prohibition, because of concerns that 
retaining and landing large amounts of unmarketable fish, including 
fish carcasses, creates operational difficulties and potentially unsafe 
working conditions for sector vessels at sea. The Regional 
Administrator considered a partial exemption from the requirement to 
retain all legal-sized fish in a supplemental proposed rule to FY 2010 
sector operations. However, due to problematic mid-season 
implementation issues, further consideration of this exemption was 
delayed until FY 2011 in the supplemental final rule to FY 2010 sector 
operations. Under this proposed exemption, all legal-sized unmarketable 
allocated fish would be accounted for in the overall sector-specific 
discard rates in the same way discards of undersized fish at sea are 
currently accounted for, through observer and at-sea monitoring 
coverage. If approved, unmarketable fish discarded by a sector's 
vessels on observed trips would be deducted from that sector's ACE and 
incorporated into that sector's discard rates to account for discarding 
under this exemption on unobserved trips. Vessels in a sector opting 
for this exemption would be required to discard all legal-sized 
unmarketable fish at sea (i.e., not just on select trips). Legal-sized 
unmarketable fish would be prohibited from being landed to prevent the 
potential to skew observed discards. NMFS is specifically seeking 
comment on the implementation of this requirement.
    NMFS received several comments regarding this exemption in response 
to the proposed supplemental rule for FY 2010 sector operations, which 
initially proposed this exemption. This included comment from Oceana, 
who raised concern that this exemption would expand loopholes in the 
self-reporting component of the sector monitoring program, and 
encourage high-grading, thereby weakening the sector monitoring program 
and undermining the FMP goals, as well as National Standards 2 and 9 of 
the Magnuson-Stevens Fishery Conservation and Management Act. However, 
the accounting of discards does not rely on self-reported data. Rather, 
actual discards by sector vessels observed by NMFS observers and at-sea 
monitors on sector trips are applied to the sector's ACEs in live 
weights, and incorporated into sector-specific discard rates that are 
used to account for discards by sector vessels on unobserved trips. In 
addition, this exemption is not expected to lead to high-grading of 
catch, given that there is a financial incentive for sector vessels to 
minimize discards of allocated stocks. Since discards of allocated 
stocks are applied to the sector's ACE through observer data and 
sector-specific discard rates, there is an incentive for sector vessels 
that opt for this exemption to land catch rather than discard it, to 
maximize the value of the sector's ACEs. Thus, this discarding 
exemption is intended to provide NMFS with additional data for the 
monitoring of sector ACEs. Currently, a sector vessel could illegally 
discard legal-sized unmarketable fish at sea for operational or safety 
reasons. If such discarding is occurring only on unobserved sector 
trips, these discards may be unaccounted for in the sector-specific 
discard rates. This exemption would allow sectors to legally discard 
these fish at sea and, therefore, would provide NMFS with a means of 
capturing some of this information. Therefore, allowing the discarding 
of unmarketable fish and incorporating observed unmarketable discards 
into the sector-specific discard rates under this exemption would 
account for any illegal discarding that may currently be occurring on 
unobserved trips and, thereby, improve the information being used to 
extrapolate discards across all sector trips.
    Finally, NMFS received a comment that the proposed rule did not 
contain sufficient analysis of the exemption and that further analysis 
should be completed prior to implementation. This exemption was 
analyzed in the FY 2010 proposed supplemental rule and EA, and is 
further discussed here. The analysis of this exemption was based upon 
information available at the time of the analysis, which consisted of 
observer data from sector trips through November 3, 2010. Dealer 
reports and vessel trip reports (VTRs) were not designed to 
specifically monitor the landing and handling of unmarketable fish, so 
there is little information available from these sources about the 
amount of unmarketable fish that sector vessels have landed to date. 
During the development of this exemption, NMFS identified the need for, 
and implemented, a specific code that could be used by vessels to 
report the landing of unmarketable fish on their VTRs. A permit holder 
letter sent on October 20, 2010, introduced this VTR code to vessel 
operators and included instructions for both vessel operators and 
dealers for the reporting of unmarketable fish. If approved, legal-
sized unmarketable fish could be discarded at sea, and recorded as such 
on the VTR. Sectors that do not receive this exemption would continue 
to use the new VTR code. NMFS observers and at-sea monitors record the 
amount of each species kept by sector vessels because they are 
prohibited from discarding such fish by the regulations. Fish recorded 
under this category likely

[[Page 10863]]

consist of unmarketable legal-sized fish of allocated stocks that could 
not otherwise be discarded by the vessel operator and, therefore, 
represent the best estimate of the amount of unmarketable fish that 
sector vessels encounter on a given trip and may be expected to discard 
under this exemption. Observer data from sector trips during the first 
half of FY 2010 show that retained legal-sized unmarketable groundfish 
have been observed on 7.3 percent of observed sector trips. Observers 
reported a total of 14,423 lb (6,542 kg) of unmarketable groundfish 
that have been retained by sector vessels on 161 trips. Gillnet vessels 
encountered the most unmarketable groundfish per trip, with an average 
of 92 lb (42 kg), and a maximum of 402 lb (182 kg). Hook vessels 
retained an average of 64 lb (29 kg) of unmarketable groundfish per 
trip (maximum of 150 lb (68 kg)), and trawl vessels retained an average 
of only 23 lb (10 kg) of unmarketable groundfish per trip (maximum of 
14 lb (6 kg)). In addition, unmarketable fish have a much greater 
occurrence on gillnet trips than trips using hook or trawl gear, during 
the time from May 1 through November 3, 2010, with observers reporting 
legal-sized unmarketable fish on 151 gillnet trips, but only 7 hook 
trips and 3 trawl trips. The occurrence of legal-sized unmarketable 
fish that had to be retained is limited, and does not appear to be a 
significant portion of sector catch. To date, these observed fish, and 
other unmarketable fish landed, are deducted from the sector's ACE. For 
sectors opting for the discarding exemption, any unmarketable fish that 
would have been required to be landed without the exemption and now are 
discarded by sector vessels will be recorded by observers as discards 
and applied to sector ACEs through discard data and sector-specific 
discard rates on unobserved trips.
    The discarding exemption, in combination with the enhanced 
reporting of legal-sized unmarketable fish, would improve the 
monitoring of this unmarketable portion of sector catch, particularly 
on unobserved sector trips. The discard exemption is being requested by 
the GB Cod Fixed Gear Sector; Northeast Fishery Sectors II-III, V-VI 
and X-XII; Sustainable Harvest Sectors 1 and 3; and the Tri-State 
Sector.

12. Extension of the GOM Sink Gillnet Mesh Exemption Through May

    For a full description of the GOM Sink Gillnet Mesh Exemption, 
please see exemption 8 of this section. Northeast Fishery Sectors III, 
VI-VIII, and X have requested that the GOM Sink Gillnet Mesh Exemption, 
proposed above, be extended an additional month, from the end of April 
until the end of May.
    This exemption would provide sector vessels the opportunity to 
potentially catch more GOM haddock, a fully rebuilt stock, during the 
months that haddock are most prevalent, and would also provide sector 
participants the opportunity to more fully harvest their allocation of 
GOM haddock, therefore increasing efficiency and revenues for vessel 
participating in this program. The sectors assert that impacts to non-
target species would be minimal, because fishing effort by sectors 
vessels is restricted by ACE for allocated stocks, which caps overall 
mortality.

13. Daily Catch Reporting by Sector Managers for Vessels Participating 
in the CA I Hook Gear Haddock SAP

    The regulations at Sec.  648.85(b)(7)(v)(C) require that sector 
vessels that declared into the CA I Hook Gear Haddock SAP submit daily 
catch reports to the sector manager, and that the sector manager report 
catch information to NMFS, on a daily basis. This reporting requirement 
was originally implemented through Framework 40A, to facilitate real-
time monitoring of quotas by both the sector manager and NMFS. 
Amendment 16 granted authority to the Regional Administrator to 
determine if weekly sector reports were sufficient for the monitoring 
of most SAPs. Through the final rule implementing Amendment 16, the 
Regional Administrator alleviated reporting requirements for sector 
vessels participating in other Special Management Programs (SMPs), 
though these reporting requirements were retained for the CA I Hook 
Gear Haddock SAP, given that NMFS must continue to monitor an overall 
haddock TAC that applies to sector and common pool vessels fishing in 
this SAP.
    The GB Cod Fixed Gear Sector requests that NMFS exempt the sector 
manager from submitting these reports to NMFS, opting instead to 
mandate that participating vessels submit a VMS catch report directly 
to NMFS containing all required information, analogous to the 
requirements for common pool vessels. The sector contends that this 
scenario would provide NMFS with data in a more timely fashion.
    NMFS is currently evaluating the possibility of using the sector 
manager's weekly report, rather than daily reports, to monitor the TAC. 
Sector weekly reports have provided information in a timely enough 
manner to adequately monitor other SAPs. However, the weekly reports, 
in their current form would not provide sufficient information. 
Furthermore, NMFS is concerned that this provision may reduce the 
sector manager's capability to accurately monitor the sector's ACE in a 
timely manner. NMFS is soliciting comment on both the utility of the 
current reporting method, and the alternate reporting options 
highlighted above.

14. Prohibition on Pair Trawling

    The regulations at Sec.  648.14(k)(5)(vi) prohibit pair trawling in 
the NE multispecies fishery. This prohibition was originally 
implemented through an emergency interim rule (58 FR 32062; June 8, 
1993), extended through a second emergency interim rule (59 FR 26; 
January 3, 1994), and made permanent in Amendment 5 (59 FR 9872; March 
1, 1994). The first emergency interim rule prohibited pair trawling, 
based on record low abundance of spawning stock biomass and high 
fishing mortality of cod, conditions of the haddock stock and benefits 
to reducing discards of haddock, the high efficiency of this gear type, 
and an increase in the number of vessels electing to use this gear. The 
second emergency interim rule extending the prohibition noted that pair 
trawls are ``highly efficient gear, and its unlimited use during a 
period of severely declining haddock and cod stocks is 
counterproductive to the goal of reducing effort in an overfished 
fishery.'' Amendment 5 also noted that pair trawling vessels ``had 
significantly higher revenue-per-day-absent and landings-per-day-absent 
than otter trawl vessels fishing singly,'' further demonstrating the 
efficiency of this gear type. While initially intended to protect cod 
and haddock stocks, which at the time were at all-time low levels of 
abundance, the rule noted that ``the stock condition and landings will 
continue to decline until such time that meaningful measures are 
implemented that will eliminate the overfished condition of the stocks 
and reduce the exploitation rate to levels that will allow significant 
rebuilding to take place.''
    Northeast Fishery Sectors VI-X and XIII are requesting an exemption 
from the pair trawling restriction for FY 2011, while restricting 
vessels to using either the Ruhle Trawl or the Eliminator Trawl. The 
sectors comment that a prohibition of this highly efficient gear type 
was intended to reduce fishing mortality. Given this, the sectors 
assert that, since sectors are managed under an ACE, they should be 
exempt from effort controls. These sectors anticipate that

[[Page 10864]]

the exemption will enable participating vessels to harvest the sector's 
ACE more efficiently and economically.
    However, NMFS has concerns with granting this exemption because, 
due to the efficiency of pair trawling, sectors may not have sufficient 
ACE for all stocks caught by this gear, and may be unable to 
selectively target desired stocks. Additionally, this gear 
configuration has not been studied, and it could be that an increase in 
herding could diminish the established selectivity of the Ruhle Trawl. 
NMFS is especially interested in receiving public comment on this 
exemption request.

15. Minimum Hook Size Requirements for Demersal Longline Gear

    The regulations at Sec. Sec.  648.80(a)(3)(v), 648.80(a)(4)(v), 
648.80(b)(2)(v), and 648.80(c)(2)(iv) specify that ``all longline gear 
hooks must be circle hooks, of a minimum size of 12/0.'' This 
restriction was implemented through Amendment 13 to reduce the catch of 
small fish and improve their survivability in the hook fishery. In 
addition, the Amendment 13 FEIS further reasoned that ``limits on the 
number of hooks are intended to reduce overall effort in the hook 
fishery.''
    The Northeast Coastal Communities Sector requested an exemption 
from this regulation, which would allow sector members the ability to 
target flatfish, species of fish which generally have smaller mouths 
than other groundfish. The sector asserts that bycatch could be avoided 
by selectively placing this gear, and that this exemption would allow 
its members to more effectively harvest the sector's ACE and increase 
profit margins of sector fishermen. However, NMFS has concerns with 
allowing a smaller hook size, given that this could increase the catch 
of sublegal fish.

16. Minimum Mesh Size Requirements on Targeted Redfish Trips

    The regulations at Sec.  648.80 specify the minimum mesh size that 
may be used in fishing nets on vessels fishing in the GOM, GB, SNE, and 
MA RMAs. The regulations implementing the minimum mesh size were 
initially adopted through interim rules in 2001 and 2002 (67 FR 21140, 
29 April 2002; 67 FR 50292, August 1, 2002) and made permanent through 
Amendment 13. This provision was intended to provide protection to 
spawning fish and increase the size of targeted fish. Framework 42 
further modified the mesh regulations in the SNE/MA RMAs to reduce 
discards of yellowtail flounder.
    Northeast Fishery Sectors II, V-X and XIII are requesting an 
exemption from the current minimum mesh size codend on targeted redfish 
trips for FY 2011; replacing this requirement with a 5-inch (12.7-cm) 
minimum mesh size codend on directed redfish trips. The sectors also 
propose that members be required to notify the manager at least 48 hrs 
in advance of such a trip, and be required to have 100 percent observer 
or at-sea monitor coverage while utilizing this gear. Also, to 
accurately monitor the ACE, Sector members would be required to submit 
catch reports to the sector manager on a daily basis while at sea. The 
requesting sectors argue that this exemption could increase the 
operational flexibility of sector vessels and could increase profit 
margins of sector fishermen.
    The sectors referenced several studies in support of this 
exemption. A study entitled ``The Status of the Fishery Resources of 
the Northeast U.S.,'' by Mayo, R., L. Col and M. Traver 2006 describes 
the gear historically used in the redfish fishery. It notes that the 
minimum mesh size restrictions, along with ``low biomass and truncated 
size and age structure of the redfish stock have effectively eliminated 
the prosecution of a fishery since the mid 1980s.''
    Anecdotal information for FY 2010 provided by some industry 
members, as well as information in a study entitled ``ME Boats go for 
Redfish the New-Fashioned Way,'' by Peter K. Prybot, in the September 
2010 issue of Commercial Fisheries News, suggests that some sector 
members have been successful at targeting redfish utilizing gear with 
6.5-inch (16.51-cm) mesh. NMFS is currently funding a study through the 
Northeast Cooperative Research Partners Program to investigate 
strategies and methods to sustainably harvest the redfish resource in 
the GOM through a network approach, including fishing enterprises, gear 
manufacturers, researchers, and social and economic experts and 
managers, which will include the investigation of success of various 
mesh sizes within the fishery. Given that the use of this smaller mesh 
could negatively impact spawning fish and populations of flounders, 
which the current minimum mesh sizes were intended to protect, NMFS has 
reservations about approving this exemption, until such time that 
results from this study can first be considered.

17. Rhule and Haddock Separator Requirements to Utilize the 98.4 in x 
15.7 in (250 cm x 40 cm) Eliminator Trawl TM

    Through several separate rulemakings (73 FR 29098, May 20, 2008; 73 
FR 40186, July 14, 2008; 73 FR 52214, August 9, 2008; and 73 FR 53158, 
August 15, 2008), NMFS has authorized the use of the Ruhle Trawl 
(f.k.a., Eliminator Trawl and Haddock Rope Trawl) for use in the B DAS 
Program, Eastern U.S./Canada Haddock SAP, and the Eastern U.S./Canada 
Area Program. NMFS approval of this gear was based upon a 
recommendation from the Council, following a review of a study that 
demonstrated that this experimental net was successful at targeting 
haddock and significantly reducing the catch of other groundfish 
species. NMFS, however, noted in the final rule approving this gear for 
use in the B DAS Program and the Eastern U.S./Canada Haddock SAP that 
the ``results of the experiment cannot be used to extrapolate to 
smaller scale haddock rope trawl gear that could be readily used by 
smaller ho